design and build

89
A SURVEY ON PROBLEM FACED BY CONTRACTORS USING DESIGN & BUILD CONTRACT NURHAJAR BT ABD RAHMAN A thesis submitted in partial fulfillment of the Requirements for the award of the degree of Bachelor of Civil Engineering Faculty of Civil Engineering & Earth Recources University Malaysia Pahang NOVEMBER 2009

Upload: hazwani-abd-rahman

Post on 16-Apr-2015

65 views

Category:

Documents


3 download

DESCRIPTION

Problems can be found in using design and build as a cintract procurement.

TRANSCRIPT

Page 1: Design and Build

A SURVEY ON PROBLEM FACED BY CONTRACTORS USING DESIGN & BUILD CONTRACT

NURHAJAR BT ABD RAHMAN

A thesis submitted in partial fulfillment of the

Requirements for the award of the degree of

Bachelor of Civil Engineering

Faculty of Civil Engineering & Earth Recources

University Malaysia Pahang

NOVEMBER 2009

Page 2: Design and Build

“I hereby declare that I have read this thesis through this project report and in my

opinion this thesis is sufficient in terms of scope and quality in fulfillment of the

requirement for the award of the degree of Bachelor of Civil Engineering”

Signature : ....................................................

Name of Supervisor : MR. ZAHRIZAN BIN ZAKARIA

Date : …………………………………

Page 3: Design and Build

ii

I declare that this thesis entitled “A SURVEY ON PROBLEM FACED BY

CONTRACTORS USING DESIGN & BUILD CONTRACT” is the result of my own

research except as cited in the references. The thesis has not been accepted for any

degree and is not concurrently submitted in candidature of any other degree.

Signature : ....................................................

Name : NURHAJAR BT ABD RAHMAN

Date : …………………………………

Page 4: Design and Build

iii

“Almighty Allah, please give blessing to them...

My beloved parent Bok &Ma,

My brothers, my sisters,

My twin,

My bee,

My Lecturers,

My friends and to all Muslims...

Thanks for support….this is for us”

Page 5: Design and Build

iv

ACKNOWLEDGEMENT

Bismillahirahmanirahim...first of all, I praise and glory to Allah S.W.T, God of

all creation and greetings and salutations we bring forth to our Prophet Muhammad

S.A.W for supervision this final year project one and constantly guiding this project

towards completion.

I’m as the author of this thesis wishes and express the greatest appreciation to

Mr. Zahrizan bin Zakaria as a supervisor of this final year project. Once, nobody

believes the project will manage successfully, but with his dedication and guidance,

the project is able to complete on time. Special thanks for his for the opportunity given

and for the efforts towards the completion of the project.

I want to express my gratitude to my beloved parents and siblings for the

support given and commitment although indirectly involves in this project, for their

efforts to help me in the completion of this final year project.

I also would like to express my highest appreciation to those who sincerely

without hesitation helped me to make this final year project especially to the UMP

staff and academician, to all respondents who were willing to give good co-operation

because without their help, this study would not possible without them..

Last but not least, to my entire friends, your help and support are really

appreciated and will remember forever, InsyaALLAH. Thank you.

Page 6: Design and Build

vi

ABSTRAK

Pembinaan Reka dan Bina proses merupakan salah satu bahagian dalam industri pembinaan. Hari ini proses tersebut tumbuh dengan cepat dalam industri tersebut. Reka dan Bina berkembang dengan terkenal, kesemuanya tumbuh dengan pelbagai. Namun begitu, Reka dan Bina tidak terkecuali menghadapi masalah oleh kontraktor dalam industri pembinaan seperti konflikantara kontraktor dan pihak lain (perunding dan pemilik), perunding kurang pengalaman dan masalah komunikasi dan koordinasi oleh kontraktor dan pihak lain.Tujuan utama kajian ini adalah untuk membuat perbandingan antara kontrak reka dan bina dan kontrak mengikut kebiasaan, mengenalpasti masalah-masalah yang biasa dan faktor yang dihadapi oleh kontraktor dan menempatkan masalah biasa dan faktor antara kontraktor. Borang kajiselidik diagihkan sendiri kepada kontraktor (kelas A) berdaftar dengan Pusat Khidmat Kontraktor (PKK), kontraktor gred 7 yang mana berdaftar dengan Lembaga Pembangunan Industri Pembinaan (CIDB) , syarikat bumiputera dan badan kerajaan. Maklumat yang telah dapat dari borang kajiselidik dianalysis menggunakan purata indek dan kekerapan analysis. Keputusan tinjauan menunjukkan lima kategori masalah yang dikenalpasti. Ianya adalah masalah dalam aspek umum, masalah dalam aspek rekabentuk, masalah dalam aspek kewangan, masalah dalam aspek kualiti dan masalah dalam aspek masa.Daripada analysis nilai yang paling tinggi dalam aspek umum adalah konflik antara kontraktor dan pihak lain (perunding dan pemilik).Diikuti dengan aspek kualiti ialah pertukaran pesanan bahan-bahan binaan oleh pemilik semasa pembinaan, masalah dari aspek rekabentuk ialah kesilapan dan perbezaan dalam dokumen rekabentuk, masalah dari aspek kewangan ialah harga semasa untuk projek tinggi dari harga sasaran oleh pemilik dan masalah dari aspek masa ialah kelewatan dalam kerja-kerja permulaan disebabkan oleh kekurangan masa untuk mendapatkan kelulusan yang telah ditetapkan oleh undang-undang. Berdasarkan maklumat yang diperolehi dari borang kajiselidik didapati masalah diantara kontraktor tidak kritikal kerana keseluruhan responden bersetuju dengan masalah tersebur. Akhirnya maklumat yang didapati dapat digunakan oleh badan kerajaan dan kontraktor untuk mengatasi masalah yang dihadapi oleh kontraktor menggunakan kontrak reka dan bina.

Page 7: Design and Build

v

ABSTRACT

Design and build construction process has been part of the construction industry. Today, the process is growing rapidly in this industry. As it has been grown in popularity, design and build has evolved all manner of hybrids. However, Design and Build also not exclude were faced problem by contractors in the construction industry such as conflicts between contractor and other parties (consultant and owner), Inadequate experience of consultant, problems communication and coordination by contractor with other parties. The aims of the study are to study comparisons between designs & build contract and conventional contract, to identify the common problemsand the factors faced by the contractor and to rank the common problems and the factors among contractors. The questionnaires were distributed to the contractor (Class A) registered with Pusat Khidmat Kontraktor (PKK) , grade 7 contractors which registered with construction industry development board CIDB Bumiputeracompanies and government agencies by hand at Klang Valley. The data from the questionnaire was analyzes in average index and frequency analysis. Result of the survey indicated, five of category problems were identified. There are problem in general aspect, problem in design aspect, problem in financial aspect, problem in quality aspect and problem in time aspect. From the analysis the highest degree of agreement in general aspects is conflicts between contractor and other parties (consultant and owner). It is followed with in quality aspects is change materials order by owner during construction, problem in design aspects is mistakes and discrepancies in design documents, problem in financial aspects is actual price for project higher than owner’s target price and problem in time aspects is delays in commencing work because under-estimated time needed to obtain statutory approvals. Based on the result obtained from questionnaires were identified the problems among contractor are not critical because overall the respondents are agree with that problem. Finally, the information gathered can be used for government sector and contractor to overcome the problem faced by the contractor using design & build contract.

Page 8: Design and Build

vii

TABLE OF CONTENTS

CHAPTER TITLE PAGE

TITLE

DECLARATION

DEDICATION

ACKNOWLEDGMENTS

ABSTRACT

ABSTRAK

TABLE OF CONTENTS

LIST OF TABLES

LIST OF FIGURES

LIST OF ABBREVIATIONS

1 INTRODUCTION

1.1 Introduction

1.2 Background of Study

1.3 Problem Statement

1.4 Objective

1.5 Scope of Study

1.6 Methodology

1.7 Significant of study

i

ii

iii

iv

v

vi

vii

xi

xii

xiii

1

2

5

6

6

7

8

Page 9: Design and Build

vii

2 LITERATURE REVIEW

2.1 Introduction

2.2 Definition of contracts

2.3 Contract Elements

2.3.1 The Essence of a Contract

2.3.2 Basic Elements of a Contract

2.4 Types of contracts

2.4.1 Contracts based on pricing/payment criteria

2.4.1.1 Fixed price type of contracts

2.4.1.2 Cost reimbursement types of

Contracts

2.4.2 Contracts based on method of procurement

2.5 Delivery Methods

2.5.1 Conventional / Traditional Contract

2.5.1.1 Role of Owner, Contractor and Design

Professional under a conventional

Contract

2.5.1.2 Advantages

2.5.1.3 Disadvantages

2.5.2 Design and Build Contract

2.5.2.1 Role of the parties under a Design and

Build Contract

2.5.2.2 Advantages

2.5.1.3 Disadvantages

2.6 Contractor

2.7 Common Problem Faced by Contractors

2.8 Summary

3 METHODOLOGY

3.1 Introduction

3.2 Literature Review

3.3 Interview

3.3.1 Types of Interviews

9

10

10

11

12

13

14

14

17

17

21

21

22

23

25

27

29

33

33

35

35

38

39

40

41

42

Page 10: Design and Build

viii

3.4 Questionnaires Review

3.4.1 Section A: General Information of the

Respondents

3.4.2 Section B: To identify the Common Problems

And the factors faced by

Contractors and to Rank the Problems

And the factors among Contractors

3.5 Data Analysis

3.5.1 Frequency Analysis

3.5.2 Average Index

4 RESULT & ANALYSIS

4.1 Introduction

4.2 Questionnaire Analysis

4.3 Section A: Analysis General Information of the

Respondents

4.3.1 Position in Company

4.3.2 Company Experiences

4.3.3 Respondents Experience

4.3.4 Types of Project using Design and Build

Project

4.3.5 Types of Design and Design Method

4.4 Section B: Analysis The Common Problems

And the factors faced by

Contractors

4.4.1 Problem in General Aspect

4.4.1 Problem in Quality Aspect

4.4.1 Problem in Design Aspect

4.4.1 Problem in Financial Aspect

4.4.1 Problem in Time Aspect

4.5 Analysis of Rank the Problems

And the factors among Contractors

4.6 Summary

43

44

44

45

46

46

48

49

49

50

50

51

52

53

54

56

57

59

60

62

62

65

Page 11: Design and Build

ix

5 CONLUSION & RECOMMENDATION

5.1 Introduction

5.2 Conclusion

5.2.1 Objective 1: Study the comparisons between

Design & Build Contract and Conventional

Contract

5.2.2 Objective 2: Identify the common problems

and the factors faced by contractor

5.2.3 Objective 3:Rank the problems and the factors

among contractors

5.3 Recommendation

5.3.1 Recommendation for the study

5.3.2 Recommendation for further studies

REFERENCES

APPENDIXS

66

66

67

67

70

70

71

71

72

74

Page 12: Design and Build

xiii

LIST OF FIGURES

FIGURE NO. TITLE PAGE

2.1 Elements of valid/Enforceable Agreement

2.2 Conventional sequential Arrangements

4.1 Respondents by Position

4.2 Company’s Experience in Construction Industry

4.3 Respondents Experience in Construction Industry

4.4 Types of Project using Design & Build Method

4.5 Types of Design & Build Method

4.6 Rank the Problems among Contractors

13

25

50

51

52

53

54

63

Page 13: Design and Build

xi

LIST OF TABLES

TABLE NO. TITLE PAGE

2.1 Definitions of Contract

2.2 The Problem faced by Contractor

3.1 The level of Agreement & Evaluation for Average

Index Analysis

4.1 Percentages of “Respondents Rate”

4.2 The level of Agreement & Evaluation for Average

Index Analysis

4.3 Problem in General Aspect

4.4 Problem in Quality Aspect

4.5 Problem in Design Aspect

4.6 Problem in Financial Aspect

4.7 Problem in Time Aspect

4.8 Percentages of “Rank the Problems

and the factors among Contractors”

5.1 Categories 1: Problem in General Aspect

5.2 Categories 2: Problem in Quality Aspect

5.3 Categories 3: Problem in Design Aspect

5.4 Categories 4: Problem in Financial Aspect

5.5 Categories 5: Problem in Time Aspect

27

36

47

49

55

55

57

59

60

62

63

68

68

68

69

69

Page 14: Design and Build

xiii

LIST OF ABBREVIATIONS

D & B - Design and Build

CIDB - Construction Development Board Malaysia

PKK - Pusat Khidmat Kontraktor

A.I – Average Index

Page 15: Design and Build

CHAPTER 1

INTRODUCTION

1.1 Introduction

Construction is a process whereby designers’ plans and specifications are

converted into physical structures and facilities. It involves the organization and

coordination of all the resources for the project labour, construction equipment,

permanent and temporary materials, supplies and utilities, money, technology and

methods, and time to complete the project on schedule, within budget, and according

to the standards of quality and performance specified in the contract documents. The

contractors and subcontractors play the key roles at this stage. There are also some

considerable inputs for inspection and interpretation from the architect or engineer.

Supporting roles are played by suppliers of materials and equipment, consultants,

shipping organizations etc. The construction project shall be done perfectly and wisely

in order to achieve the find result, quality product, confined completion period and

minimum cost. But problems always exist along construction process (Abdul Rahman

&Janidah,2006).

Page 16: Design and Build

2

The successful execution of construction projects and keeping them within estimated

cost and prescribed schedules depend on a methodology that requires sound

engineering judgments. To the dislikes of owners, contractors and consultants,

however, many projects experience extensive delays and thereby exceed initial time

and cost estimates (Abdalla M. Odeh & Hussien T. Battaineh, 2002).

The most important element in construction procurement is the contractor

selection, particularly, hiring contractors who are performers Contractor

prequalification is essential in most construction projects, and the process has been

performed by many different methods in practice. The overall objectives of contractor

selection process is to reduce project risk, maximize overall value to the project

owner, and build the close and long term relationships between members of the

project. Occasionally, projects owners in the public sector put out to tender

constructions projects of buildings, port works, roads, drainage, and waterworks as

well as formation of sites. Contractors play a major role such projects, which is why

contractor selection constitutes a critical decision for projects owners. The selection

process should embrace investigation of contractor’s potential to deliver a service of

acceptable standard, on time, and within budget (Maryam Darvish, Mehrdad Yasaei &

Azita Saeedi, 2008).

1.2 Background of Study

A general contractor is a group or individual that contracts with another

organization or individual (the owner) for the construction or renovation of a building,

road or other structure. After that, contractor also is defined as such if it is the

signatory as the builder of the prime construction contract for the project. They

responsible for the means and methods to be used in the construction execution of the

project in accordance with the documents. Contract documents usually include the

contract agreement including budget, the general and special conditions and the plans

Page 17: Design and Build

3

and specification of the project that are prepared by a design professional. Then,

contractor usually is responsible for the supplying of all material, labor, equipment,

(engineering vehicles and tools) and services necessary for the construction of the

project. To do this it is common for the general contractor to subcontract part of the

work to other persons and companies that specialize in these types of work. These are

called subcontractors. General contractors conducting work for government agencies

are typically referred to as prime contractors. The responsibilities of a prime

contractors working under a contract are essentially identical to those outlined above.

In many cases, prime contractors will delegate portions of the contract work to

subcontractors. A contractor is someone who enters into a binding agreement to

perform a certain service or provide a certain product in exchange for valuable

consideration, monetary, goods, services, even barter arrangements. In the building

trades, a contractor is one who is engaged in the construction or building related

services for a client. The construction site is overseen by a "Prime”, General, or

Specialty contractor, who may perform the work with employees, subcontractors or

any combination there of (wikipedia, 2001-2006).

A professional contractor should also have an understanding of his or her

limitations. The client works with an architect and financier long before the first

shovel of dirt is removed by a contractor. During the bidding process, a contractor

may have to work with the building's architect to discuss potential problems with a

design element. If the complexities of the building’s design or the potential cost

overruns threaten to overwhelm a contractor's skills, he or she needs to step back and

allow other contractors to win the bid. A good contractor understands that the success

of the project depends on his or her ability to hire the right independent subcontractors

and follow the wishes of the client (Michael Pollick, 2006).

In Malaysia, the last decade has seen most of the construction projects have

been implemented using the traditional procurement method. But in recent years, as

project get more complex which demand greater emphasis on management techniques

and engineering skills, the traditional procurement approach was found not suitable to

the current needs. Design and Build procurement method is an alternative to

traditional method which is rapidly popular in Malaysia, especially in the public

Page 18: Design and Build

4

sector. Design and Build acclaimed to be beneficial to all parties such as clients,

architect, engineers and contractors (Gwen Flora, 1998).

Design and build method suitable for both public and private clients who want

to control the stipulated overall time for the construction projects. All the operations

are subject to considerable scrutiny and governed by fairly strict procedures especially

in government funded development agencies. However, there are other reasons as to

why the design and build system should be practiced to overcome the uncompleted

projects that occur, which will lead to higher quality in the finished product, more

accurate cost estimate and time efficiency. According to Khairuddin Abdul Rashid,

2002, said that traditional lump sum (old traditional practice) is the most frequently

used procurement system in Malaysia. The system is sequential in nature and the main

advantages of the traditional practice system include that it allows price to be fixed in

advance of construction and the designer has full control of the design process.

Meanwhile, traditional practice also has some disadvantages, including that it will lead

to a more time taken to finish up the projects period and appears to encourage

adversary between the parties.

Historically, the design and build system was first launched in the Public

Works Department by the Malaysia Prime Minister in 1983. The first unit that has

applied this design and builds system was by Kuala Terengganu Hospital, which was

completed in 1985 as cited by Seng, Ng. W. and Aminah Md Yusof, 2006 and

Akinteye, A, Fitzgerald , E, 1995 added that in design and build system, there is only

single point responsibility of the contractor for both design and construction process.

According to Beard, et al., 2001 argued and added that there is no difficult to generate

more arguments and questions by the parties involved in design and build system.

Page 19: Design and Build

5

1.3 Problem Statement

The Design and Build construction process has been part of the construction

industry. Today, the process is growing rapidly in this industry. As it has been grown

in popularity, Design and Build has evolved all manner of hybrids. However, many

contractors are less gleeful about the benefits that might be expected. In theory,

Design and Build puts the contractors in charge of the whole project. However,

Design and Build also not exclude were faced problem by contractors in the

construction industry. One of the common problems are delay in construction, this

because of a global phenomenon and the construction industry in Malaysia is no

exception (Murali Sambasivan & Yau Wen Soon, 2005). According to Nuhu Braimah

& Issaka Ndekugri, 2008 said that the delays and disruption to contractor’s progress

are a major source of claims and disputes in the construction industry. The matters

often in dispute concern the dichotomy in responsibility for delays (projects owner or

his contractors) partly because of the multifarious nature of the potential sources of

delays and disruption. With increased project complexity and requirements coupled

with multiple parties all subject to their performance exigencies, the resolution of such

claims and disputes has become a matter of the greatest difficulty. Besides that, the

factor adversely affecting the cost performances of project are conflict among project

participants, ignorance and lack of knowledge, presence of poor project specific

attributes and non existence of cooperation, hostile socio economic and climatic

condition, reluctance in timely decision , aggressive competition at tender stage and

short bid preparation time (K.C. Iyer & K.N. Jha, 2005).

Page 20: Design and Build

6

1.4 Objective

There are three (3) objectives to be achieved in this study, which are:-

To study the comparisons between designs & build contract and conventional

contract

To identify the common problems and the factors faced by the contractor

To rank the common problems and the factors among contractors

1.5 Scope of Study

For the scope of this study, the limitation has been done in order to focus and

narrow down the topic to the specific area and subject of study. The scopes of this

case study can be stated as below:

This study is focus about design & build contract

This study is focusing on the contractor’s Bumiputera companies

The respondents are registered as a class A contractors with Pusat Khidmat

Kontraktor (PKK)

The respondents are the registered as grade 7 contractors with construction

industry development board (CIDB)

This study consists of government agencies

The area of this study is in Klang Valley.

Page 21: Design and Build

7

1.6 Methodology

Literature reviewSources:

1. Books2. Websites3. Article4. Journal

Problem statement- The problem of delays in the construction industry is a global phenomenon and

the construction industry in Malaysia- the factor adversely affecting the cost performances

Objectives 1: To study the comparisons between designs & build contract and conventional contract Activities: 1. literature review 2. Interview

Objectives 2: To identify the common problems and the factors faced by the contractorActivities: 1. literature review 2. Interview 3. Distribute questionnaires forms

OObbjjeeccttiivveess 33:: To rank the common problems and the factors among contractorsActivities: 1. Interview 2. Distribute questionnaires forms

Research analysis and findings

Activities 1.Frequency analysis 2. Average Index (A.I)

CONCLUSION

Page 22: Design and Build

8

1.7 Significant of study

The primary purpose of this final year project is to study comparisons between

designs & build contract and conventional contract. Besides that, to identify the

common problems and the factors faced by the contractor and to rank the common

problems and the factors among contractors. As the research is focusing on

bumiputera contractor, it is because nowadays many problem faced by the bumiputera

contractor. Contractor selection is one of the main activities of clients. Without a

proper and accurate method for selecting the most appropriate contractor, the

performance of the project will be affected. So the most important element in

construction is contractor. The information gathered can be used for government

sector to overcome the problem that faced by the contractor using design & build

contract.

Page 23: Design and Build

CHAPTER 2

LITERATURE REVIEW

2.1 Introduction

In the previous in chapter 1, the overview of this study was explained about and

the problem was identified. Then from the overview, the aims of the study are

comparisons between designs & build contract and conventional contract, to identify

the common problems and the factors faced by the contractor and to rank the common

problems and the factors among contractors. Through the chapter, the elaborations of

the topic are clearly described. The clarification of the sub-topic will focused about

the contract, types of contract, delivery method especially in traditional /conventional

contract and design & build contract, contractor and the common problems faced by

contractor.

Page 24: Design and Build

10

2.2 Definition of contracts

Various definitions have been proffered by different authorities for the term ‘contract’.

Sir William Anson, the learned English authority on the Law of Contract has defined a

contract as:

“A legally binding agreement between two or more parties, by which rights are

acquired by one or more to acts or forbearances on the part of the other or others”

An engineering contract dictionary defines a contract as:

“A binding agreement between two or more persons which creates mutual rights and

duties and which is enforceable at law (Ir Harbans Singh KS 1, 2007)”

2.3 Contract Elements

The legally essential elements of a construction contract include an offer, an

acceptance, and a consideration (payment for services to be provided). The offer is

normally a bid or proposal submitted by a contractor to build a certain facility

according to the plans, specification, and conditions set forth by the owner.

Acceptance takes the form of a notice of award, as stated earlier. Consideration

usually takes the form of cash payment, but it may legally be anything of value (S. W.

Nunnally, 2007).

Page 25: Design and Build

11

There are certain elements that must be present for a legally binding contract to be in

place.

According to Frederick E. Gould & Nancy E. Joyce, 2003 said that the first two are

the most obvious:

An offer: an expression of willingness to contract on a specific set of terms,

made by the offer or with the intention that, if the offer is accepted, he or she

will be bound by a contract.

Acceptance: an expression of absolute and unconditional agreement to all the

terms set out in the offer. It can be oral or in writing. The acceptance must

exactly mirror the original offer made.

A counter-offer is not the same as an acceptance. A counter-offer extinguishes

the original offer: you can’t make a counter-offer and then decide to accept the

original offer.

A request for information is not a counter-offer. If you ask the offer or for

information or clarification about the offer, that doesn’t extinguish the offer;

you’re still free to accept it if you want

2.3.1 The Essence of a Contract

According to Frederick E. Gould & Nancy E. Joyce, 2003 said that the essence of a

contract has been judicially expounded to the following effect:

To constitute a valid contract, there must be separate and definite thereto; to parties

must be in agreement, that there is consensus ad idem; those parties must intend to

create legal relations in the sense that the promises of each side are to be enforceable

Page 26: Design and Build

12

simply because they are contractual promises and the promises of each party must be

supported by consideration.

All contracts are built upon the basic premise of the meeting of minds, the idea of

assent and agreement as to the same thing. Agreement is to be established based on

objective considerations such as conduct and not inferred from the mere mental

element of intent. The other ingredients, e.g. consideration, legality, etc are then added

on to reinforce and supplement the basic premise to ensure that the essence of a valid

contract is tenable at law.

2.3.2 Basic Elements of a Contract

According to Frederick E. Gould & Nancy E. Joyce, 2003 said that the basic elements

which are necessary for the creation of a legally binding and enforceable contract are

essentially as represented in figure 2.1 and listed here under:

a clear or firm offer or proposal

an unqualified acceptance of the offer/proposal

intention to create legal relations: both parties must show an intention to enter

into a legally binding agreement

consideration: each party must contribute something in reciprocation of the

other’s promise

certainty : the terms of an agreement must be certain or capable of being made

certain

capacity : the parties must have a legal capacity to contract

consent : the parties must contract with free consent, i.e. consent must no be

obtained by coercion, fraud , duress, misrepresentation, undue influence, etc

legality : the contract must be formed within the boundaries of the law, e.g. its

object or consideration must not be unlawful

Page 27: Design and Build

13

possibility : the contract must be capable of performance both physically and

legally

+

+

+

Figure 2.1: Elements of a Valid/Enforceable Agreement

(Frederick E. Gould & Nancy E. Joyce, 2003)

2.4 Types of contracts

a) contracts based on the pricing/payment criteria

b) contracts based on the method of contract procurement

c) miscellaneous types of contracts

FIRM OFFER/PROPOSAL

UNQUALIFIED ACCEPTANCE

CONSIDERATION

FIRM OFFER/PROPOSALFIRM OFFER/PROPOSAL

LAWFUL OBJECT & CONSIDERATION

CERTAINTY OF TERMS

PHYSICAL/LEGAL POSSIBILITY

LEGAL CAPACITY TO CONTRACT

VALID/ENFORCEABLE AGREMEENT

Page 28: Design and Build

14

2.4.1 Contracts based on pricing/ payment criteria

One of the principal methods of classifying contracts is based on the method

by which the contract price is established and subsequently payment is made to the

contractor. Here, although there exists traditional terminology to describe the

methodology adopted in specific applications, recent practices in the industry have led

to the blurring of precise definitions thereby creating considerable confusion on part

of the practitioners (Frederick E. Gould & Nancy E. Joyce, 2003).

According to Frederick E. Gould & Nancy E. Joyce, 2003 said that it is the

intent of this chapter to look at the traditional approach whilst at the time, to address

possible areas of confusion. The starting point is the further sub-classification of

contracts under this category into the following types:

a) fixed price type of contracts

b) cost reimbursement types of contracts

c) miscellaneous type of contracts

2.4.1.1 Fixed price type of contracts

A fixed price contract is a contract in which the contractor quotes a price for the whole

of the work. In essence, the contractor takes the risk of judging how much work is

involved and its cost. In practice, if the contractor is entitled to a variation in the

contract sum. Then fixed price items may be defined as items paid for on the basic of

a predetermined estimate of the cost of the work, an allowance for the risk involved

and the market situation in relation to the contractor’s workload, the estimated price

being paid by the client irrespective of the cost incurred by the contractor (Frederick

E. Gould & Nancy E. Joyce, 2003).

Page 29: Design and Build

15

According to Frederick E. Gould & Nancy E. Joyce, 2003 said that the common

species of fixed prices contracts encountered in the engineering/ construction industry

include the following:

(a) lump sum contracts

Lump Sum contract where a party undertakes to complete the whole of the work for a

stated and fixed amount of money payable by the other. this is so even though it may

contain express stipulations permitting adjustment of the contract sum for

eventualities such as variations, payment for extended preliminaries, etc. what is

important is that at the time of contracting, both parties must have agreed upon a lump

sum price to be payable for a defined scope/quantity of work to be undertaken. It

should be noted that most of the common Standard Forms of Contract used in the

country such as the JKR Forms, IEM Forms, etc are essentially entire contracts for a

lump sum with modifications to ameliorate to rig ours of strict entirety. The two

principal types of lump sum are with bills of quantities and with drawings and

specification.

(b) Measure and value contracts

This type of contract is utilized principally where the exact scope and quality of the

work cannot reasonably be determined accurately at the time of tendering. To enable

the tenderers to establish a price, a basic is provided by the employer in the invitation

to tender documents. Either during the currency of the contract or upon completion of

the works, the works are measured, valued or payment effected to the contractor. Such

contracts are common, rather than an exception in civil engineering and infrastructure

projects especially those involving earthworks, work below ground level, etc. Measure

and value contracts come in the two basic forms based on either a bill of approximate

quantities or a schedule of prices.

(c) ‘Turnkey’ contracts

Going under various labels such as ‘package’ deal type of contracts, ’design and build/

design and construct’ contracts, EPCC type of contracts, etc the defining characteristic

Page 30: Design and Build

16

is the combining of all the fundamental tasks of the project, i.e. design, production

(construction or building) and management in a single package. The contractor takes

full responsibility and carries sole liability for design and construction.

In such typical contract, the employer approaches a contractor with a set requirements

may be mere brief statements or detailed specification, drawings, schedules, etc

depending on the nature and complexity of the project or the extent to which the

employer has the expression of his wants.

The contractor responds to the employer with an offer called the ‘contractor’s

proposals’ which will include production as well as design work, contract price and

the manner in which the contract price has been calculated, e.g. the contract price

analysis, etc. bills of quantities are strictly not applicable in a ‘Turnkey’ contract and

if something akin to these are used, they are merely for the purposes of the contract

sum analysis or for making payment to the contractor.

Though ‘turnkey’ contracts can be on fixed price or cost reimbursement basis, the

accepted practice in this country favors the fixed price approach. The norm is for the

contractor to contractor to contract on the basic of a predetermined estimate of the cost

of the complete work. this is in line with the selling point of such an arrangement,

whereby the contractor bears all risks, inclusive of costs and pricing risks subject to

adjustments occasioned by variations ordered by the employer, extended

preliminaries, etc. another feature sometimes encountered in such contracts is a

guaranteed maximum sum, a sum offering assurance to the employer on his maximum

price exposure.

Page 31: Design and Build

17

2.4.1.2 Cost reimbursement type of contracts

Cost reimbursement is a term used to describe one of the two principal

methods of making payment under contract. Cost reimbursement contracts are not

popular in this country as it burdens the employer with all the risk and with no

advance notion of the eventual financial commitment. It general imposes no incentive

on the contractor to maximize efficiency and keep the costs down since he is already

assured of his fee in advance. Seemingly with this arrangement, the employer bears

the brunt of this disadvantage whilst simultaneously guaranteeing the contractor of his

fee with little or no attendant risks (Frederick E. Gould & Nancy E. Joyce, 2003).

The types of cost reimbursement contracts are:

cost plus fixed fee contracts

cost plus percentage fee contracts

cost plus fluctuating fee contracts

2.4.2 Contracts Based On Method of Procurement

a. Traditional General Contracts (TGC)

Appearing under various labels such as general contract, ‘employer-design’ contracts

and the like, traditional general contracts are basically characterized by the separation

of the design form the manufacture (i.e. construction or installation) elements of the

contract. The employer causes the design to be prepared by his professional designers

and thereby takes full responsibility for the design. Depending on the contractual

Page 32: Design and Build

18

arrangement selected, the employer may also cause bills of quantities to be prepared

(Ir Harbans Singh KS , 2007).

Under thus methods of contract procurement, the contractor builds or manufactures

what the designers have designed and/or specified. he is only responsible for the

material and workmanship aspects of the contract and for the performance of his sub-

contractors (inclusive of any nominated sub-contractors) not with standing its ‘time-

tested’ credentials such contracts are slowly losing favor with the onslaught of

increasingly complex projects preferring the newer paths of contracts procurement,

e.g. ‘package’ deal type, construction management, etc (Ir Harbans Singh KS , 2007).

b. Management contracts

A management contract has bee described as a form of contractual arrangement

whereby a contractor is paid a fee to manage the building of a project on behalf of a

client. It is, in essence, a contract to manage rather than contracts build (Ir Harbans

Singh KS , 2007).

The characteristics of a management contracts are that the employer engages the

contractor design to participate in the project at an early stage contribute construction

expertise to the design and manage the construction process, the latter being

undertaken by a number of works (or ‘trade’) contractors. The management contractor

is paid a fee, which fee may be on a fixed lump sum basic or a pre-agreed percentage.

Depending on the nature of the contracts entered between the employer, the

management contractor and the ‘trade’ contractors, the management contractor may or

may not carry liability for the defaults and/or omissions of the latter, delay inclusive

(Ir Harbans Singh KS , 2007).

c. Construction management contracts

According to Ir Harbans Singh KS, 2007 said that as aptly named, construction

management contracts are a sub-set of the general corpus of management type of

Page 33: Design and Build

19

contracts and such share common characteristics with management contracts

discussed above. There essential differences are namely:

the employer has direct contracts with the ‘works’/’trade’ contractors

the employer pays such ‘works’/’trade’ contractors directly

the construction manager us not liable for he acts and/or defaults of the

‘works’/’trade’ contractors

The construction manager essentially acts as a mere consultant instead of a

contractor in the general sense

d. ‘Package’ Deal Type of Contracts

According to Ir Harbans Singh KS, 2007 said this method of the procurement where

the contractor is responsible for both design and construction (and in some cases for

even financing, complete fitting out, ‘technology’ transfer, etc). The common

variations include:

Design and Build (D&B) contracts

Design and Construct (D&C) contracts

Engineering, Procurement and Construction (EPC) contracts

Engineering, Procurement, Installations and Construction (EPIC) contracts

Engineering, Procurement, Construction and Commissioning (EPC) contracts

Selection of the contractor is normally based on competitive tendering or

negotiation and payment effected on either an interim, milestone or lump sum

basic.

e. Build, Operate and Transfer Contracts

According to Ir Harbans Singh KS, 2007 said that this novel method of contract

procurement surfaced on the local scene directly as a result of the government’s

privatization policy. Under the scheme, the contractor is responsible for:

Page 34: Design and Build

20

financing the project at all stages

undertaking the relevant design and construction

operating and maintaining the works over a stipulated period

on the lapse of the agreed period, reassigning it to the employer at no further

charge

f. New Types of Contracts

According to Ir Harbans Singh KS, 2007 said that with the recent building boom, the

local industry experienced some ‘non-traditional’ Forms of Contract procurement

including the so called ‘Fast Tracking Contracts’, Partnering Contracts’ and ‘Fee

Contracting’

Fast Tracking Contracts as their name aptly describes them are nothing more

than contracts undertaken on a fast track basis with overlapping or concurrent

stages instead of the traditional sequential of activities. The ultimate objective

is to complete the project in the shortest time possible.

Partnering Contracts are in essence an extension to the normal serial contracts.

Under this system of the contract procurement, over a pre-determined or an

indefinite period of time’ the contractor automatically receives all new

contracts from the employer with payment to be made by reference to an

initially agreed formula.

Fee Contracting were made to introduce this species of the contract locally in

the late nineties, the economic ‘meltdown’ at the material time thwarted such

efforts. Nevertheless it is one type contract that may become significant in the

near future involving large and technically complex projects.

Page 35: Design and Build

21

2.5 Delivery Methods

The term delivery method refers to the owner’s approach to organizing the project

team that will manage the entire design and construction process. This selection

process in governed to a large extent by risk but also by the owner’s desire to find a

method that will deliver the project on time, budget, and in a form that will meet the

owner’s needs most effectively (Frederick E. Gould & Nancy E. Joyce, 2003).

A number of proven strategies can be used to accomplish these ends. The three most

common are traditional, design/build and construction management. Combinations of

these strategies may be employed well. Each has its distinct advantages and

disadvantages, but the choice is not always clear and simple. The owner must

carefully weigh his or her options to ensure the right choice for the specific project

(Frederick E. Gould & Nancy E. Joyce, 2003).

2.5.1 Conventional/Traditional Contract

In this arrangement, the owner first hires a design professional, who then

prepares a design, including complete contracts documents. The design professional is

typically paid a fee that is either a percentage of the estimated construction cost or a

lump sump amount, or he or she is reimbursed for costs at an agreed-upon billing rate.

With a complete set of documents available, the owner either conducts a competitive

bid opening to obtain the lowest price from contractors to do the work or negotiates

with a specific contractor. The contractor is then responsible for delivering the

completed project in accordance with the dictates of he contract documents. The

contractor may choose to subcontractor much of the work or may have the forces in

house to accomplish the task. That choice usually depends on the contractor remains

solely responsible for execution of the work. This delivery mode become popular near

Page 36: Design and Build

22

the turn of the twentieth century in response to the increasing specialization of the

various building profession and until recently it was the predominant mode of delivery

(Frederick E. Gould & Nancy E. Joyce, 2003).

During the construction process, the owner may hire the architect to administer

the contract or may choose to have in-house employees do this task. Administering the

contract consists of observing the work to monitor quality, carrying out the change

order process, certifying payment to the contractor and ensuring that the owner is

receiving the product called in the contract documents. If the owner hires the architect,

he or she does so through an agency relationship that is, the architect is bound by the

legal rules of this relationship and as such is empowered to act in the owner’s name.

The contractor, on the other hand, is hired in a simple commercial contract and as such

is charged with carrying out the terms of the construction contract. There is no

contract between the architect and the contractor. The relationship is once in which the

architects acts for the owner during any dealings with the contractor. Nor are there

contract agreements between the architect/owner and the specialty subcontractors. The

relationship exists only with the contractor, who is solely responsible for the

contractor performances (Frederick E. Gould & Nancy E. Joyce, 2003).

2.5.1.1 Role of Owner, Contractor and Design Professional under a Conventional

Contract

Normally the outside independent architect or engineer prepares the plan and

specifications for the owner prior to tendering. This means that the architect or

engineer id legally responsible to the owner for design defects according to his

professional services contract. Generally, the design professional has no liability for

defective construction, other than for defects that should have been reasonably

observed from field services & inspections which he has carried out. Most important

of all, the independent architect or engineer has contractual obligations to protect the

Page 37: Design and Build

23

owner. One result is that the architect or engineer frequently acts as agent for the

owner during construction phase (Bryan S. Shapiro, 1994).

Under a conventional contract, the owner employs plans and specifications by way of

a competitive bidding format to obtain tender bid and to select the successful

contractor. This means that the owner warrants the sufficiency of the plans (full

disclosure of information), and assumes any liability for defects n the plans and

specifications that he provides to the contractor. Conversely, the contractor is

responsible for defective construction and workmanship, but has no liability for design

defects (Bryan S. Shapiro, 1994).

The typical construction contract approach leaves a big hole between the design

professional and the contractor. These two parties are not linked by contract: they do

not owe any contractual duties each other, although recent jurisprudence suggests that

in certain circumstances, the design professional may indeed owe a legal duty in tort

to a bidding contractor. Also, their bonding and insurance requirements are arranged

independently. Legally, in this typical construction approach, the design professional

and the contractor occupy positions that are on the “opposite side of the table” (Bryan

S. Shapiro, 1994).

2.5.1.2 Advantages

The traditional method is a known quantity to owners, designers and

constructors. This probably its greatest strength. For many years, the mode of delivery

was the predominant one for the construction in the United States. The procedures and

contractual rules of conduct have been worked out and are well understood. Many

professionals prefer this well-d4efined relationship, which reduces their level of risk

because it reduces uncertainty. Under the right circumstance, this means that a project

Page 38: Design and Build

24

is more likely to proceed smoothly from beginning to end (Frederick E. Gould &

Nancy E. Joyce, 2003).

The mood also contains considerable contractual protection for the owner. The

allocation of risk for construction performance rests almost completely on the

contractor and subcontractors. The owner is insulated from many of the risks of cost

overruns, such as labor inefficiencies, nonperforming subs, inflation and other

vagaries of the larger economic picture. In most instances, the owner knows the final

cost at the beginning of construction, and the risks of cost overruns are borne by the

contractor. However, the risk of cost increases depends to large extent on the accuracy

and completeness of the contract documents. If they are unclear or not well done, the

changes that must ensue can raise the owner’s costs considerably (Frederick E. Gould

& Nancy E. Joyce, 2003).

Additionally, the traditional method provides the owner with all the benefits of

open market competition. The open bidding procedure, in which the lowest bidder is

the “winners”, gives the owner the lowest price available in the marketplace and

presumably the greatest economic efficiency (Frederick E. Gould & Nancy E. Joyce,

2003).

Finally the owner does not have to be heavily involved in the construction

process. He or she must be involved in the design process to make key decisions about

whether or not to accept the design but once construction actually begins, the owner is

represented by professionals empowered to act in his or her name and to make

recommendations. Day to day interaction is no necessary (Frederick E. Gould &

Nancy E. Joyce, 2003).

.

Page 39: Design and Build

25

2.5.1.3 Disadvantages

Nevertheless, several elements of the traditional method can work against the

owner. First, the construction professional does not enter the process until the design

is complete, meaning that the design is not usually reviewed for constructability

before it is finished. Design features that could have been built more economically or

effectively often result in higher costs. Some design firms overcome this problem by

hiring preconstruction consultants or having construction professionals on their staffs.

Although this benefits the project it is not as effective as having the design reviewed

by the person who will actually have to build it (Frederick E. Gould & Nancy E.

Joyce, 2003).

Second, with the traditional approach it is difficult to reduce the time required

to do both design and construction. As figure 2.2 shows, the process is sequential and

linear; there is no opportunity to overlap tasks and thus reduce overall time. This may

raise interest expenses on construction loans and other costs and can expose the

project to greater risks of inflation. The time element problem is one of the primary

reasons for the recent decline in the use of the traditional method (Frederick E. Gould

& Nancy E. Joyce, 2003).

Figure 2.2 conventional sequential arrangements

(Frederick E. Gould & Nancy E. Joyce, 2003)

CONSTRUCTIONPROCUREMENTDESIGN

Page 40: Design and Build

26

Finally, all parties work autonomously in this mode. The designer designs the

project based on the owner’s instructions. The general contractor prices and schedules

the project based on the construction documents alone. This approach provides little

opportunity for interaction and team building among the participants and can lead to

major breakdowns relationships (Frederick E. Gould & Nancy E. Joyce, 2003).

For example, when the contract must be interpreted, the parties involved view

the situation from fundamentally different perspectives. A firm fixed-price contract

can considerably exacerbate the problem because the contractor had to competitively

bid for the job and thus interprets details as cost-effectively as possible. The owner

and the designer, on the other hand, want to receive the most for their money. Such

differences in interpretation lead to conflicts that can quickly escalate, creating

adversarial relationship (Frederick E. Gould & Nancy E. Joyce, 2003).

Unforeseen conditions on a job can also be a source of conflict and may lead to

changes in the contract. A through design process and complete set of drawings

attempt to minimize these conditions. Conducting additional soil borings or opening

up walls in renovation work can help to properly identify actual conditions and avoid

future conflicts. Unfortunately, no every condition can be identified and when

unforeseen conditions or events occur the contract may have to be renegotiated. This

takes away any advantage to the owner in terms of know costs when construction

begins (Frederick E. Gould & Nancy E. Joyce, 2003).

Page 41: Design and Build

27

2.5.2 Design & Build Contracts

Table 2.1: Definitions of Contract

AUTHOR DEFINITION

Turner (1990)

and Jansen

(1991)

A Design and Build contract is one in which a single entity, usually a

contractor

assumes responsibility for the design in whole or in part and for the

construction and completion of a construction project

Master man

(1992)

The term Design and Build has almost been unanimously interpreted and

defined as being an arrangement where one contracting organization takes

sole responsibility, normally on a lump sum fixed price basis, for the

bespoke design and construction of a client’s project. This contains three

main elements the responsibility for design and construction, contractor’s

reimbursement is generally by means of a fixed price lump sum and the

project is designed and built specifically to meet the clients’ needs.

David Chappell

(1997)

Design and Build contracts place responsibility for both design and erection

in the hands of the contractor one point of responsibility for everything. In

this system contractor will carry out two functions design and construct

The Chartered

Institute of

Building

(CIOB-1983)

Design and Build as the process where the client deals directly with the

contractor for the complete building and it is the contractor who is not only

responsible for but also coordinates the separate design and construction

process, including engagement of the design team who are, therefore

contractually linked with the contractor and not the client

The design-builds concept as originally conceived was based on the concept that a

single firm had the in-house staff and expertise to perform all planning, design, and

construction tasks. Later, increased interest in the concept had engineers, architect and

conventional contractors seeking to compete with he original design0build firms to

meet the growing interest by owners in the project delivery process (Frederick E.

Gould & Nancy E. Joyce, 2003).

Under the current approach, instead of limiting design-build to firms with in house

capability in both areas, the fields has now been opened up to permit contracts with

Page 42: Design and Build

28

engineers who subcontract the construction portion to a contracting firm, with

construction contractors that subcontract design services to an engineer or architect

and with engineers and architect in joint venture with contractors that subcontractor

design services to an engineer or architect and with engineers and architects in joint

venture with contractors firms (Frederick E. Gould & Nancy E. Joyce, 2003).

There are basically three types of design-build firms today, contractor led, and

designer led and single firm. Contractor-led firms tend to dominate due to their

experience in estimating, purchasing. Cost control and construction supervision, not to

mention the contractor’s better financial backing and ability to manage risk (Frederick

E. Gould & Nancy E. Joyce, 2003).

For the owner, the design and build method provides a single point of contact and

responsibility throughout the life of the project. The firm hires by the owner will

perform both design and construction. Entities offering this service may be

design/build firms with in-house employees or joint-ventures firms that come together

contractually to perform a single project. In either case, the design/build entity can

hire subcontractors who perform the actual construction in the field (Frederick E.

Gould & Nancy E. Joyce, 2003).

This mode is used extensively in certain industries, particularly industrial

construction. The complexity of the industrial projects such as oil refineries and power

plants makes them a good candidate for design/build. Before the traditional method

become popular, design/build was actually the preferred mode of delivery for almost

all projects, although it was not named as such. An owner hired a master builder, who

designed the project, acquired the materials, and hired and supervised the craft

workers on the site. This mode of delivery became less popular as professional tasks

became more specialized (Frederick E. Gould & Nancy E. Joyce, 2003).

In general, it can be summarized that Design and Build provides single point

responsibility for the whole design and construction. Contractors, who are responsible

for the implementation of the project, have power to control all over the projects. This

nonetheless does not deter the involvement of the client. The client’s need and

Page 43: Design and Build

29

requirements are always been taken into consideration, which this consequently

presents uniqueness of the system (Frederick E. Gould & Nancy E. Joyce, 2003).

2.5.2.1Role of the Parties under a Design/Build Contract

The first major change that one observes in a design/build contractual arrangement is

that the owner signs a single agreement with the contractor. Under this agreement, the

contractor agrees to provide both design and construction work, usually for lump sum

fee. This means that the design professional is either employed by the contractor, or is

working with the contractor in a joint venture style arrangement (Bryan S. Shapiro,

1994).

Second, the owner initiates the design/build process by laying out its own functional

or performance requirements. The owner’s requirements are usually sent to

contractors by way of a Request for Proposals (RFP), and the responses are then

evaluated to select he successful contractor, based upon various criteria, including but

not restricted to price and design innovation. Under a design/build contract, the

contractor’s primary legal obligation is to satisfy the owner’s broad performance

specifications. The contractor is not building the facility or project to rigid

specifications or to plans prepared by a design professional. This approach means that

the contractor is responsible for both faulty workmanship in construction and for

defects or deficiencies in design (Bryan S. Shapiro, 1994).

With a design/build approach, the outside independent architect or engineer no longer

is employed by the owner. Therefore, owners that don’t have the internal expertise

relative to their project’s design and construction may have to engage an additional

independent advisor. The advisor’s role would be to offer advice to the owner on

design adequacy, to inspect critical parts of construction, to ascertain that construction

Page 44: Design and Build

30

generally complies with the projects design and to prepare evaluations used for

interim payment purposes (Bryan S. Shapiro, 1994).

(a) The Role of the Employer

The difficulty with the preparation of the employer’s requirements does not end at

preparation stage. Many employers do not realise that the employer's requirements

only amount to a schematic design of the end product. In traditional form contracts,

the supervising consultant would also prepare the detailed design before issuing

relevant instructions to the contractor. The concept behind design and build a contract

assumes that the contractor takes care of the detailed design and is conferred a

relatively wide mandate when interpreting the employer's requirements (Tan, Daniel,

1997).

Employer's new to the design and build concept seem to find this mandate difficult to

accept when they realise that they do not have the exclusive say or a free hand in

deciding the implementation or outcome of the end product. There is an unfortunate

tendency for employers new to the concept to issue through their representatives

numerous instructions without realising the full implications of such instructions.

(Tan, Daniel, 1997).

Prudent design and build contractors will often ensure that their contractual rights are

protected by notifying of claims for delay, time related damages and actual costs for

having to implement such instructions that are tantamount to variation instructions

(Tan, Daniel, 1997).

Disputes as to whether an instruction constitutes a variation often revolve around the

employer's requirements. Has there been non-compliance of the requirements or

otherwise? It would appear that the new employers that wish to have more say in the

end product would have more detailed employer's requirements prepared. Inevitably

higher costs to the employer will result in preparation of Employer's requirements

which defeats one of the benefits of adopting a design and build contract in the first

place (Tan, Daniel, 1997).

Page 45: Design and Build

31

Some employers when providing too much detail may realise that they are doing what

their contractor is being paid to do. Some may not realise that they may also be

prejudicing their contractual position by assuming responsibility for parts of the

design, particularly so if a detailed design is imposed on their contractor. Sure,

virtually all design and build contracts place "full" responsibility for design on the

contractor. It is submitted however that such provisions only operate if "full" design is

undertaken by them; otherwise the employer will be liable for the detailed design

(Tan, Daniel, 1997).

(b) The Role of the Contractor

The major difference for a contractor in a design and build contract is that it assumes

liability for design. It is incumbent on the contractor to engage a design team to come

up with a design that complies with the employer's requirements (Tan, Daniel, 1997).

For the inexperienced design and build contractor the selection of designers for the

design team is vital. Not only should the contractor select team members that know

how to integrate their portion of works into the overall design intended by the

contractor, it is imperative that each team member knows how to receive instructions

from the contractor (Tan, Daniel, 1997).

It may sound surprising but a vast number of consultants in Malaysia are not

accustomed to receiving instructions from a contractor. Irrespective of the terms and

conditions of the contract at hand, some consultants either consciously or sub-

consciously attach more weight to the requirements of employers rather than

contractors. These consultants appear to be entrenched in the traditional form

arrangements and are inflexible, so it seems when taking instructions from contractors.

The "employer vs. contractor" and siding of the former stereotype should be broken to

cater for services that are now rendered to the "opposing" party (Tan, Daniel, 1997).

As it is the role of the contractor to form the design team, the selection process for

design consultants must be exercised with great care to ensure that they are able and

willing to receive instructions from a contractor (Tan, Daniel, 1997).

Page 46: Design and Build

32

(c)Novation of Consultants

The concept of novation of consultants is usually only attributed to negotiated

contracts as opposed to those for an open tender (Tan, Daniel, 1997).

The contractor's problem with consultants' inflexibility in receiving instructions is

sometimes amplified when there is a requirement for a novation of the design team

from the employer to the contractor. The designers who originally prepared the

employer's requirements in schematic form now have to prepare the contractor's

detailed design. The progression may seem natural for the designers, but different

problems as posed not only to the contractor but also the employer (Tan, Daniel,

1997).

For the employer, there may be a need to re-engage an auditing team of consultants or

at least one consultant to assume the role as the employer's agent or representative to

administer the contract for purposes of certification and issuance of instructions. The

employer could also lose the benefit of the contractor's independent design and

expertise as the contractor would eventually be constructing a project based on the

same source as the employer's original design team that prepared the employer's

requirements (Tan, Daniel, 1997).

The contractor's main worry when consultants are novated is the allowable time before

actual commencement of work at site. The typical employer who has already

completed preparation of all its own documentation would only be too eager to have

the contractor commence physical work on site soonest possible. Contractors have to

be weary to ensure that there is sufficient time not only for the design team to prepare

the detailed design prior to commencement of physical work on site, but there must

also be sufficient time to enable the formalities of the novation exercise itself to be

finalised (Tan, Daniel, 1997).

The hasty employer or contractor is likely to end up in disputes relating to division or

apportionment of design responsibility, the relationship between the consultants,

professional indemnity or responsibility of design team in obtaining approvals from

relevant authorities (Tan, Daniel, 1997).

Page 47: Design and Build

33

2.5.2.2Advantages

One major reason for choosing a design/build arrangement is to benefit from the good

communication that can occur between the design team and the construction team.

Many of the largest design/build companies specialize in particular areas and have

developed a smooth flow between design and construction phases of the project. This

collaboration allows the project be easily fast racked, cutting down on overall

schedule for the project (Frederick E. Gould & Nancy E. Joyce, 2003).

Good communication between the designer and the construction professionals

also allows construction input early in the design phase. Such input includes

constructability analyses, value engineering and subcontractor pricing. Cost

estimating, scheduling, long lead item identification, and ordering all become part of

the overall project planning (Frederick E. Gould & Nancy E. Joyce, 2003).

In general, this arrangement allows easier incorporation of changes due to

scope or unforeseen conditions since their coordination occurs within the same

contractual entity. The owner is less heavily involved and sits outside the direct day-

to-day communication between designer and constructor. This keeps owner staffing to

a minimum and puts the full responsibility for good communication, problem solving,

and project delivery on the design/build team (Frederick E. Gould & Nancy E. Joyce,

2003).

2.5.2.3 Disadvantages

Although it is possible to give the owner a fixed, firm price before the project

begins, this generally does not happen in a design/build arrangement. Because the firm

is hired before the design has started, any real pricing is not possible. Instead, an

Page 48: Design and Build

34

owner usually enters this arrangement with a conceptual budget but without the

guarantee of a firm price. Firming up the price too soon puts the design/build team in

the position of making the scope fit the price, which carries the risk of sacrificing

quality to protect profit. If the project is fast-tracked, the owner may not have a good

idea about the final price until part of the project, such as the foundation is complete

(Frederick E. Gould & Nancy E. Joyce, 2003).

The owner’s ability to remain marginally involve can be both an advantage

and disadvantage. When design/build Company has an organization that is efficient at

performing the work, the project can move very fast. If the owner does not stay

consistently involved throughout the process, he or she may have to make decision

without fully understanding the issues. Once a project develops a rhythm, it is difficult

to change that rhythm. If the owner is not moving to the same rhythm, the project may

take a direction that he or she does not want but is not aware of until too late

(Frederick E. Gould & Nancy E. Joyce, 2003).

Another disadvantage is the lack of checks and balances. In the traditional

arrangement, the designer prepares a complete set of contract documents, which is

then used to measure and evaluate the performance of the contractor in the field. The

owner often hires the designer to oversee the work of the contractor and to ensure that

deficient work is identified and corrected. But in the design/build arrangement the

designer works for the same company as the builder. Similarly, during construction

the builder sometimes uncovers certain design deficiencies, errors or missions. The

designer is contract bound by contract to correct these deficiencies without additional

costs to the owner. In design/build the design and construction professionals are put in

position of critiquing their co-workers and perhaps affecting their bottom line by that

critique. The owner must rely more heavily on the quality and ethics of the firm since

most of the checks and balances will likely take place behind the company’s door

(Frederick E. Gould & Nancy E. Joyce, 2003).

Page 49: Design and Build

35

2.6 Contractor

A contractor is someone who enters into a binding agreement to perform a certain

service or provide a certain product in exchange for valuable consideration, monetary,

goods, services, even barter arrangements. In the building trades, a contractor is one

who is engaged in the construction or building related services for a client. The

construction site is overseen by a "Prime", General, or Specialty contractor, who may

perform the work with employees, subcontractors or any combination (Wikipedia,

2001-2006).

2.7 Common problem faced by contractor

Some of the problems unfortunately only surface after commencement of a project

and if not expected, can pose real problems to unsuspecting employers and

contractors. A few of the several potential problems are mentioned below (Tan,

Daniel, 1997).

The unsuspecting employer may find that he still has to engage his own consultants

for technical guidance and preparation of material setting out the employer's

requirements. The unsuspecting contractor may find that his costs and effort for

tendering would be quite high especially if he is unsuccessful in the tender exercise.

Also, a contractor's perception of liability assumed for design could be much wider

than anticipated (Tan, Daniel, 1997).

Page 50: Design and Build

36

Table 2.2: The problem faced by contractor

No. Author Problem

1. (Murali Sambasivan & Yau Wen Soon,

2005)

The problem of delays in the construction

industry is a global phenomenon and the

construction industry in Malaysia is no

exception

2. (Nuhu Braimah & Issaka Ndekugri, 2008) Delays and disruption to contractor’s

progress are a major source of claims and

disputes in the construction industry. The

matters often in dispute concern the

dichotomy in responsibility for delays

(projects owner or his contractors) partly

because of the multifarious nature of the

potential sources of delays and disruption.

With increased project complexity and

requirements coupled with multiple parties

all subject to their performance exigencies,

the resolution of such claims and disputes

has become a matter of the greatest

difficulty

3. (K.C. Iyer & K.N. Jha, 2005) The factor adversely affecting the cost

performances of project are conflict among

project participants, ignorance and lack of

knowledge, presence of poor project

specific attributes and non existence of

cooperation, hostile socio economic and

climatic condition, reluctance in timely

decision , aggressive competition at tender

stage and short bid preparation time

4. (M.S. Mohd Danuri, M.E. Che

Munaaim,H.Abdul Rahman & M.Hanid,

2006)

Late and non-payment will cause severe

cash flow problems especially to

contractors.

5. (Abdul Rahman Ayub & Janidah Eman,

2006)

Some common types of problem faced by

bumiputera contractors in Malaysia

construction industry are shown as follows:

Page 51: Design and Build

37

i. Lack of expertise and experiences

ii. Over-optimistic estimation in tender bids

iv. Material price escalation

v. Financial Problems

vi. Materials supply networking

vii. Lack of skilled workers

viii. Lack of construction materials and

machineries

ix. Inefficient and ineffective planning and

management

x. Communication problems

6. (Abdul Rahman Ayub & Janidah Eman,

2006)

Delays or late deliveries, sub-standard

workmanship and materials, poor safety

management on sites and cost over-run of

government’s projects are some the issues

that been seriously discussed by the

government

7. (Abdul Rahman Ayub & Janidah Eman,

2006)

Failures to perform to the quality

expectations

8. (Mansfeild NR, Ugwu OO & Doran T, 1994) Delays causes are financing of and payment

for completed works, poor contract

management, changes in site condition and

shortages in materials

9. (Odeyinka HA & Yusif A, 1997) Delay via project participants and

extraneous factors

10. (Wellington Didibhuku Thwala & Mpendulo

Mvubu, 2008)

financial constraints

Late payment by clients

relationships between emerging

contractors and suppliers

difficulties when running a

business

Page 52: Design and Build

38

2.8 Summary

In this chapter, the definitions of the Design & Build contract were discussed. It can

be conclude that Design & Build contracts place responsibility for both design and

erection in the hands of the contractor one point of responsibility for everything. In

this system contractor will carry out two functions design and construct. This thesis is

more to study the common problems faced by the contractor. The following are just a

few problems faced by the contractor:

a) Lack of expertise and experiences

b) Over-optimistic estimation in tender bids

c) Material price escalation

d) Financial Problems

e) Materials supply networking

f) Lack of skilled workers

g) Lack of construction materials and machineries

h) Inefficient and ineffective planning and management

i) Communication problems

j) Delays

k) cost

l) Late and non-payment

Page 53: Design and Build

CHAPTER 3

METHODOLOGY

3.1 Introduction

The research design, instrumentation method and statistical method for analysis

would be discussed clearly in this chapter with more elaboration and explanation.

Other than that, the sample of the study is also focused on the through this chapter

followed by the statistical method for analysis. This chapter is important as it

described the methodology which is designed in achieving the research objective that

to study the comparisons between designs & build contract and conventional contract,

to identify the common problems and the factors faced by the contractor and to rank

the common problems and the factors among contractors. In general, this study was

used distributing the questionnaires and interview by the respondent from the

contractor class A companies are registered with Pusat Khidmat Kontraktor (PKK),

grade 7 contactors which registered with construction industry development board

(CIDB), government agencies and construction Bumiputera companies at Klang

Valley.

Page 54: Design and Build

40

3.2 Literature Review

The literature reviews is doing by reading of the related books, journals, thesis,

magazine, newspaper and the other resources which can be obtained from the internet,

pamphlet, and browser. Most of the sources of the literature review can be found in

the library.

This research was conducted by distributing a set of the questionnaire to the

persons in the construction industry contractor class A companies are registered with

Pusat Khidmat Kontraktor (PKK), grade 7 contactors which registered with

construction industry development board (CIDB), government agencies and

construction Bumiputera companies at Klang Valley.

The advantage of using questionnaire form are the data information required

can be obtained directly from questionnaire and require little time duration to answer

questionnaire form in more convenient to the respondent due to limited time they have

and a lot of work to do. This is because all require answers needed need to be

organized in the form and the respondent just need to tick the appropriate answer.

Therefore the questionnaire survey is the most effective method to be applied in order

to obtain the data collection.

Before examining the method used in this study, it is important to observe and

to know the background of the study. This is in order to know about comparisons

between designs & build contract and conventional contract, to identify the common

problems faced by the contractor and to rank the problems among contractors to

achieve the objectives. According to Burgess, 2001 said that the selection of suitable

question is important because it is a key aspect that needs to be addressed. Within

empirical research, two types of method which are interview and questionnaires

survey.

Page 55: Design and Build

41

3.3 Interview

Interview is one of the most popular and simple method to achieve the objective of

this study. The "instrument" can be affected by factors like fatigue, personality, and

knowledge, as well as levels of skill, training, and experience. (Q,Patton,1987) points

out that any face-to-face interview is also an observation. The skilled interviewer is

sensitive to nonverbal messages, effects of the setting on the interview, and nuances of

the relationship. While these subjective factors are sometimes considered threats to

validity, they can also be strengths because the skilled interviewer can use flexibility

and insight to ensure an in-depth, detailed understanding of the participant's

experience. The interviewer can pursue in-depth information around a topic.

Interviews may be useful as follow-up to certain respondents to questionnaires, e.g., to

further investigate their responses. Usually open-ended questions are asked during

interviews.

Page 56: Design and Build

42

3.3.1 Type of Interviews:

1. Informal, conversational interview - no predetermined questions are asked, in

order to remain as open and adaptable as possible to the interviewee's nature

and priorities; during the interview, the interviewer "goes with the flow".

2. General interview guide approach - the guide approach is intended to ensure

that the same general areas of information are collected from each interviewee

this provides more focus than the conversational approach, but still allows a

degree of freedom and adaptability in getting information from the interviewee

3. Standardized, open-ended interview - here, the same open-ended questions are

asked to all interviewees (an open-ended question is where respondents are

free to choose how to answer the question, i.e., they don't select "yes" or "no"

or provide a numeric rating, etc.), this approach facilitates faster interviews

that can be more easily analyzed and compared.

4. Closed, fixed-response interview - where all interviewees are asked the same

questions and asked to choose answers from among the same set of

alternatives. This format is useful for those not practiced in interviewing.

(Carter McNamara, 1997-2008)

The Standardized, allowed open-ended questions respondents to record down

their answers to the questions. In this method, the open-ended questions to achieve the

objective of this study.

Page 57: Design and Build

43

3.4 Questionnaires Review

Questionnaire survey is one of the most popular and simplest methods in order

to achieve the objectives of this study. Questionnaire is defines as a formal set of

question or statement designed together the information from respondents that will

accomplish the goals of the research project (Redzuan, 2006).The questionnaire

designed need to meet the objective and aim of the study. The design decisions depend

on the purposes of the study, the nature of the problem, and the alternatives

appropriate for its investigation (Isaac, 1971). A design is a strategy for constructing

the research structure using concise notation that summarize a complex design

structure efficiently, to show all of the major parts of the research project the

background problems theoretical frameworks, hypothesis, research questions,

methodology-work together to try to address the center research objective (King et al.,

1994).Three fundamental considered before design the question:

What is the purpose of the survey?

What kind of question the survey developed to answer?

What sorts of results consider from the questionnaires?

Two type of question that used in the questionnaire survey, open-ended and

close-ended. Open-ended question do not provide respond choice and sensitive to the

respondents desire for expression. The close-ended sub divided to dichotomous and

multiple choices question. The close-ended questions supply response choices and

reduce in interpreter bias and easy to analysis. Dichotomous question are close-ended

question that offer to response choices and suitable to understand the respondents

demographic compassion (Redzuan, 2006).

This method was used closed ended questions with scaled question method.

Collection data of the study topic is doing by referred to the distribution of the

questionnaire form to the targeted person at the Bumiputera contractor’s. There are

100 sets of the questionnaire form were distributed for this study.

Page 58: Design and Build

44

The questionnaire form has been produce by use the Likert Scale to ease the person to

answer the questionnaire. The questionnaire forms are creating in a structure form and

have divided into 2 parts.

3.4.1 Section A: General Information of the Respondent

Section A is to obtain the information on the background of the respondents. The

questionnaire includes the following:

• The position of the respondent in the company.

• The experience of the respondent in construction project.

• The experience of the company in construction industry.

• The types of project using Design & Build Method

• The types of Design & Build Method

3.4.2 Section B: To identify the common problems and the factors faced by the

contractor and to rank the common problems and the factors among contractors

This section is focus to identify the common problems and the factors faced by the

contractor and to rank the common problems and the factors among contractors. The

respondents were asked to rank the common problem based on frequency by using to

their own judgment and working experience. The sampling frame is obtained from the

directory of Pusat Khidmat Kontraktor Malaysia, (PKK) and the Construction

Industry Development Board Malaysia (CIDB) directory (2005-2006). The directory

Page 59: Design and Build

45

contains the list of Bumiputera contractors in Klang Valley. The questionnaire is

mainly based on Likert’s scale of five (5) ordinal measures from one (1) to five (5)

according to level of frequent. Each scale represents the following rating ordinal

measures from one (1) to five (5) according to level of frequent.

(5) = Strongly Agree

(4) = Agree

(3) = Neutral

(2) = Less Agree

(1) = Not Agree

3.5 Data Analysis

Data analysis step is very important to give the result of the study. By this

analysis also, the conclusion of the project can be made to determine either the

objective of thesis is achieved or not.

In this study analysis, all the result data from table are analyzed using

frequency analysis and average index. The discussions were mainly to evaluate the

results obtained from the survey and rank the factors. The summary of the study then

presented with the conclusion of the study, recommendation from the conclusion

along with the recommendation for further studies in this area.

Page 60: Design and Build

46

3.5.1 Frequency Analysis

The frequency analysis used to represent results of data analysis of the number

of response that the respondent gives to different variables in the questionnaire. The

result tabulated in the form of frequency number and percentage according to the total

respondents. For graphic result presentation, pie chart and bar graph is used as

summary.

3.5.2 Average Index

In average index analysis, the results further summarized to obtain the level

of problem among the contractor. The questionnaires are based on five-point scale

starting with 5 for strongly agree to 1 for not agree. The average index analysis for

each variable can calculate by using formula by (AlHammad,A.Mohsen and Assaf S,

1996) as below:

Average index (A.I) = ∑aixi

∑xi

Where,

ai = constant expressing the weight given to i

xi = variable expressing the frequency of response for i= 1,2,3,4,5,….n

i = 1,2,3,4,5 similar to explanation below

x1= respondent frequent for “Not Agree” for a1 = 1

x2= respondent frequent for “agree” for a2 = 2

x3= respondent frequent for “Neutral” for a3 = 3

x4= respondent frequent for “Agree” for a4 = 4

x5= respondent frequent for “Strongly Agree” for a5 = 5

Page 61: Design and Build

47

The overall level of agreement by the respondents to the factors which

influences the problems faced by the contractor is summarized based on the

classification of the rating scale which has been modified (Abd Majid & Ronald Mc

Caffer, 1997). The classifications of the rating scale are as shown in table 3.

Table 3.1: The level of agreement and evaluation for average index analysis

(Abd. Majid M.Z. and Ronald Mc Caffer, 1997)

Average index Level of agreement of evaluation

1.0≤ Average index<1.5 Not Agree

1.5≤ Average index<2.5 Less Agree

2.5≤Average index<3.5 Neutral

3.5≤ Average index<4..5 Agree

4.5≤ Average index≤5.0 Strongly Agree

Page 62: Design and Build

48

CHAPTER 4

RESULTS & ANALYSIS

4.1 Introduction

This chapters discussed on the analysis of the results from the return questionnaire

form which were distributed to the contractor, owner, consultant and government at

Klang Valley on study the comparisons between designs & build contract and

conventional contract, to identify the common problems and the factors faced by the

contractor and to rank the common problems and the factors among contractors. All

the data from the questionnaires were analyzed by using average index analysis and

frequency analysis.

Page 63: Design and Build

49

4.2 Questionnaire Analysis

In the previous in chapter 3, the questionnaire forms are divided into three

sections. For the first section are Questionnaire cover and general information and

instructions to the respondents. In section A, the Respondent’s Background and in

section B, the questionnaire.

The questionnaire were distributed to the respondent about 80 questionnaire

paper but were received only in 62 papers. The responses rate is summarized in the

table 4.1.

Table 4.1: Percentages of “Respondents rate”

No of sent out : 80 Questionnaires

No of returned : 62 Questionnaires

Respondents rate : 77.5 %

4.3 Section A- Analysis for General Information of the Respondent

In section A, of the study questionnaire is about position in company, company

experience, respondent’s experience, types of project using Design & Build Method

and Types of Design & Build Method.

Page 64: Design and Build

4.3.1 Position in company

Position in company of the is classified to

From figure 4.1 illustrates the composition of respondents by profession. From

the total 62 responses received, 26 responses (42%) re

responses (10%) received from technical assistant, 3 responses (5%) received from

technician and 27 responses (43%) received from others such as quantity surveyor.

4.3.2 Company experiences

Number of year the organization/company ha

the respondents is classified to four categories as shown in Figure 4.2.

engineer

Position in company

Position in company of the is classified to four categories as shown in Figur

Figure 4.1: Respondents by position

From figure 4.1 illustrates the composition of respondents by profession. From

the total 62 responses received, 26 responses (42%) received from engineer, 6

responses (10%) received from technical assistant, 3 responses (5%) received from

technician and 27 responses (43%) received from others such as quantity surveyor.

experiences

Number of year the organization/company has experience in construction of

the respondents is classified to four categories as shown in Figure 4.2.

42%

10%5%

43%

Position in company

engineer technical assistant technician others

50

categories as shown in Figure 4.1

From figure 4.1 illustrates the composition of respondents by profession. From

ceived from engineer, 6

responses (10%) received from technical assistant, 3 responses (5%) received from

technician and 27 responses (43%) received from others such as quantity surveyor.

s experience in construction of

Page 65: Design and Build

Figure 4.2

From figure 4.2 it shows that 13 companies (21%) have experiences less than

0– 5 years, 4 companies (6%) , 5 companies (8%) have experiences at least 11

years and finally 40 companies (65%) have experiences in construction industry more

than 15 years.

4.3.3 Respondent Experiences

Number of working in the construction industry of the respondents is classified to

four categories as shown in Figure 4.3.

65%

Number of year the organization/company has experience

0-5 years

Figure 4.2: Company’s experiences in construction industry

it shows that 13 companies (21%) have experiences less than

5 years, 4 companies (6%) , 5 companies (8%) have experiences at least 11

years and finally 40 companies (65%) have experiences in construction industry more

ondent Experiences

Number of working in the construction industry of the respondents is classified to

four categories as shown in Figure 4.3.

21%

6%

8%65%

Number of year the organization/company has experience in construction

5 years 6-10 years 11-15 years more than 15 years

51

: Company’s experiences in construction industry

it shows that 13 companies (21%) have experiences less than

5 years, 4 companies (6%) , 5 companies (8%) have experiences at least 11 - 15

years and finally 40 companies (65%) have experiences in construction industry more

Number of working in the construction industry of the respondents is classified to

Number of year the organization/company has experience

Page 66: Design and Build

Figure 4.3:

From figure 4.3, you can see that the respondent

the respondents (31 responses), for 6

responses), for 11-15 years there are 8% of the respondents (6 responses) and more

than 15 years are 16% of respondents (10 responses) whic

questionnaire form have working experiences in construction industry.

qualifications ranging of certificate and diploma from polytechnics until had bachelor

of university where there are field in engineering

4.3.4 Types of Project using Design & Build Method

Respondents have involved in various type of Project using Design & Build

method such as education project, health project, civil engineering project and

commercial project. The result is shown below in figure 4.4.

8%

Number of working in the construction industry

0-5 years

Figure 4.3: Respondent experiences in construction industry

, you can see that the respondent under 0 – 5 years only 50% of

the respondents (31 responses), for 6 – 10 years there are 26% of the respondents (16

15 years there are 8% of the respondents (6 responses) and more

than 15 years are 16% of respondents (10 responses) which is answered the

questionnaire form have working experiences in construction industry.

qualifications ranging of certificate and diploma from polytechnics until had bachelor

of university where there are field in engineering

oject using Design & Build Method

Respondents have involved in various type of Project using Design & Build

method such as education project, health project, civil engineering project and

commercial project. The result is shown below in figure 4.4.

50%

26%

16%

Number of working in the construction industry

6-10 years 11-15 years more than 15 years

52

Respondent experiences in construction industry

5 years only 50% of

10 years there are 26% of the respondents (16

15 years there are 8% of the respondents (6 responses) and more

h is answered the

questionnaire form have working experiences in construction industry. They had

qualifications ranging of certificate and diploma from polytechnics until had bachelor

Respondents have involved in various type of Project using Design & Build

method such as education project, health project, civil engineering project and

Page 67: Design and Build

Figure 4.4

From figure 4.4 shows that 19 responses (21%) have experiences involved in

for education project, 14 responses (15%) have involved in health project, 31

responses (33%) have involved in civil engine

involved in commercial project and 20 responses (22%) have involved in others

project. Major of the respondents involved the civil projects such

4.3.5 Types of Design & Build Method

Many types of Design & Build Method are using in the construction

traditional design and build, develop and construct, turnkey, design, construct and

manage, and design and manage.

9%

Type of project using Design & Build Method

Education

Types of Project using Design & Build Method

shows that 19 responses (21%) have experiences involved in

for education project, 14 responses (15%) have involved in health project, 31

responses (33%) have involved in civil engineering project, 8 responses (9%) have

involved in commercial project and 20 responses (22%) have involved in others

Major of the respondents involved the civil projects such as design structures.

Types of Design & Build Method

types of Design & Build Method are using in the construction such as

traditional design and build, develop and construct, turnkey, design, construct and

manage, and design and manage. The result is shown below in figure 4.5.

21%

15%

33%

9%

22%

Type of project using Design & Build Method

Education Health Civil Engineering Comercial Others

53

Types of Project using Design & Build Method

shows that 19 responses (21%) have experiences involved in

for education project, 14 responses (15%) have involved in health project, 31

ering project, 8 responses (9%) have

involved in commercial project and 20 responses (22%) have involved in others

as design structures.

such as

traditional design and build, develop and construct, turnkey, design, construct and

The result is shown below in figure 4.5.

Others

Page 68: Design and Build

Figure 4.5

From figure 4.5 shows that 40 responses (49%) have experiences involved in

Traditional Design and Build method, 5 responses (6%) have involved in Develop and

Construct method, 15 responses (18%) have involved in Turnkey method, 14

responses (17%) have involved in Design, Construct and Manage method, 5 responses

(6%) have involved in Design and Manage,

method.

4.4 Section B-Analysis the common problem

contractor

For this question, the

in General Aspect, Problem in Quality Aspect,

in Financial Aspect and Problems in Time Aspect

questionnaire was analyzed as below

Traditional Design and Build

Turnkey

Design and Manage

Figure 4.5 Types of Design & Build Method

shows that 40 responses (49%) have experiences involved in

Traditional Design and Build method, 5 responses (6%) have involved in Develop and

Construct method, 15 responses (18%) have involved in Turnkey method, 14

(17%) have involved in Design, Construct and Manage method, 5 responses

(6%) have involved in Design and Manage, 2 responses (2%) have involved in others

Analysis the common problems and the factors faced by the

this question, the five of the problems was identified. There are

Problem in Quality Aspect, Problems in Design Aspect,

Problems in Time Aspect. Analysis of the returned

analyzed as below using classification of the rating scale which h

49%

6%

19%

18%

6%

2%

Type of Design& Build Method

Traditional Design and Build Develop and Construct

Turnkey Design, Construct and Manage

Design and Manage Others, please specify

54

shows that 40 responses (49%) have experiences involved in

Traditional Design and Build method, 5 responses (6%) have involved in Develop and

Construct method, 15 responses (18%) have involved in Turnkey method, 14

(17%) have involved in Design, Construct and Manage method, 5 responses

2 responses (2%) have involved in others

faced by the

five of the problems was identified. There are: Problem

Problems in Design Aspect, Problems

Analysis of the returned

classification of the rating scale which has

Develop and Construct

Design, Construct and Manage

Others, please specify

Page 69: Design and Build

55

been modified (Abd Majid & Ronald Mc Caffer, 1997). The classifications of the

rating scale are as shown in table 4.2.

Table 4.2: The level of agreement and evaluation for average index analysis

(Abd. Majid M.Z. and Ronald Mc Caffer, 1997)

Average index Level of agreement of evaluation

1.0≤ Average index<1.5 Not Agree

1.5≤ Average index<2.5 Less Agree

2.5≤Average index<3.5 Neutral

3.5≤ Average index<4..5 Agree

4.5≤ Average index≤5.0 Strongly Agree

Page 70: Design and Build

56

4.4.1 Problem in General Aspect

There are five major problems that contributed to the causes of the problem in

General Aspect that shows the results of the average index at Table 4.3.

Table 4.3: Problem in General Aspect

1 = Not Agree 2 = Less Agree 3 = Neutral 4 = Agree 5 = Strongly Agree

Categories 1: Problem in General Aspect

No Problems 1 2 3 4 5 average index Rank

1 Conflicts between contractor and

other parties (consultant and

owner)

1 7 15 30 9 3.63 1

2 Problems communication and

coordination by contractor with

other parties

8 20 27 7 3.53 2

3 Inadequate experience of

consultant

6 11 17 22 6 3.18 5

4 Lack of staff and labors 4 11 19 19 9 3.29 4

5 Changed conditions/differing site

conditions

1 8 24 22 7 3.42 3

From table 4.3, the results show that the highest degree of agreement in

general aspects is conflicts between contractor and other parties (consultant and

owner). It indicated the range in 3.63 of the average index. The range index shows the

respondents agree with that problem. The research from Oberlender, 1993 said that

contractors are independent business organization and are awarded the projects to

produce the required end product as stipulated in the contract documents. In the case

of the owner and the contractor may disagree on certain things, the achievement of the

end product must always be the top priority of both parties This is happen because

contractor and other parties have a different opinion about their project. A good

Page 71: Design and Build

57

relationship between owner and the project contractor must be maintained so that the

contractor’s expertise, labor and equipment can be utilized to achieve the objectives of

the project.

However, the lowest degree of agreement in general aspects is inadequate

experience of consultant with the average index is 3.18 and neutral in range index.

According to Ng Weng Seng and Aminah Md Yusof, 2006 said that the contractor’s

design consultants should have a good grasp of build ability fro design development.

If designers fail to work within budget and on schedule, poor performance would be

expected. Design consultants should understand the construction process and develop

a cost-effective.

4.4.2 Problem in Quality Aspect

There are six major problems that contributed to the causes of the problem in

Quality Aspect that shows the results of the average index at Table 4.4.

Table 4.4 Problem in Quality Aspect

1 = Not Agree 2 = Less Agree 3 = Neutral 4 = Agree 5 = Strongly Agree

Categories 2 : Problem in Quality Aspect

No Problems 1 2 3 4 5 average

index

Rank

1 Project done not follow

owner’s specification

5 15 19 19 4 3.03 5

2 Contractor disregards

quality of material in the

way to get profit

3 8 22 26 3 3.29 2

3 Ineffective planning and

scheduling of project by

contractor

5 7 19 29 2 3.26 3

Page 72: Design and Build

58

4 Change materials order by

owner during construction

2 9 23 21 7 3.35 1

5 Low productivity level of

labors

3 12 24 19 4 3.15 4

6 Lack of construction

materials and machineries

3 17 26 15 1 2.90 6

From table 4.4, the results show that the highest degree of agreement in quality

aspects is change materials order by owner during construction with average index

3.35. The range index shows the respondents neutral with that problem. According to

Timothy, et al.,1994) said that owner Using Design & Build no one actually knows

the final project price until the project is completed. Using change orders to amend a

decision is a time-consuming and expensive undertaking (for example, reintroducing

the more expensive, and more efficient, heating system). The design services provider

must amend the drawings and specifications, and draft the change order. The

contractor must gather supplier and subcontractor information, put the system out to

bid and issue its own change orders. Since change orders occur in a competition-free

environment, that is, the contractor has already been selected; there is no incentive to

make the change at the least possible cost.

However, the lowest degree of agreement in quality aspects is lack of

construction materials and machineries. is neutral with average index of 2.9.

According to Murali Sambasivan, 2007 said that lack in basic materials like sand,

cement, stones, bricks and iron can cause delays in projects. Since Malaysia is a

country that is demand exceeds the supply and this causes prices to increase. The

contractors postpone the purchase activities until the prices decrease. They also said

many of contractors do not own equipments that are required for construction work

such as machineries. They rent the equipments when required. During the season

when there are many construction projects, the equipments are in short supply and are

poorly maintained. This leads to failure of the equipments causing the progress to be

hampered.

Page 73: Design and Build

59

4.4.3 Problem in Design Aspect

There are six major problems that contributed to the causes of the problem in

Design Aspect that shows the results of the average index at Table 4.5.

Table 4.5 Problem in Design Aspect

1 = Not Agree 2 = Less Agree 3 = Neutral 4 = Agree 5 = Strongly Agree

Categories 3:Problems in Design Aspect

No Problems 1 2 3 4 5

average

index Rank

1

Contractor takes control of

design compare to

consultant 2 11 27 16 6 3.21 3

2

Consultant submits

construction drawing late. 3 9 24 18 8 3.31 2

3

Contractors always do an

additional works compare

with consultant 4 9 29 15 5 3.13 4

4

Mistakes and discrepancies

in design documents 2 7 25 23 5 3.35 1

5

Owner less involve in

controlling design 6 15 18 17 6 3.03 6

6

Insufficient instruction and

information in the contract

specification, drawing and

design 6 6 28 18 4 3.13 5

From table 4.5, the results show that the highest degree of agreement in design

aspects is mistakes and discrepancies in design documents with average index 3.35.

The range index shows the respondents neutral with that problem. Inadequate

planning in design causes mistakes and discrepancies in design documents. They are

Page 74: Design and Build

60

common reasons for redoing designs and drawings and may take a long time to make

necessary corrections.

However, the lowest degree of agreement in quality aspects is problems is

owner less involves in controlling design is neutral with average index of 3.03. This is

because the owners not possess any knowledge and experienced of the construction

industry. The owner no longer has a direct contract with the lead design professional

on the project, that responsibility its is necessarily imputed to the holder of the Design

& Build Contract without regard to that entity’s specific professional qualification.

The intent here is to ensure that the design is completed by a qualified design

professional while preserving privities of the Design & Build Contract.

4.4.4 Problem in Financial Aspect

There are six major problems that contributed to the causes of the problem in

Financial Aspect that shows the results of the average index at Table 4.6.

Table 4.6 Problem in Financial Aspect

1 = Not Agree 2 = Less Agree 3 = Neutral 4 = Agree 5 = Strongly Agree

Categories 4 : Problems in Financial Aspect

No Problems 1 2 3 4 5

average

index Rank

1

Contractor does not having

good cash flow or good

financial planning 4 5 22 26 5 3.37 2

2

Contractor’s submit claims for

items not clearly stated in the

contract documents 2 11 24 19 6 3.26 4

Page 75: Design and Build

61

3

Quantity Surveyor/ Consultant

does not estimate work done

and material on site correctly 2 11 34 14 1 3.02 6

4

Sometimes progress payment

for contractor not in time. 2 10 21 25 4 3.31 3

5

Actual price for project higher

than owner’s target price 1 8 25 20 8 3.42 1

6

Delay in progress payment by

owner to the contractors 1 11 27 18 5 3.24 5

From table 4.6, the results show that the highest degree of agreement in

financial aspects is actual price for project higher than owner’s target price. It

indicated the range in 3.42 of the average index. The range index shows the

respondents neutral on that problem. According to (Rosli Abdul Rashid,et al.2006)

said that apart from the fact those very limited contractors are invited to submit

tenders, the lack of design and specification detailing during tender, has made the

contractors to jack up the price to allow for many uncertainties. This is because once

accepted, the tender price will be the final contract sum. It is not subject to change,

unless there are variations required or instructed by the client. Such additional cost

cannot avoid because under this procurement system the contractor will to take much

of the financial risk.

However, the lowest degree of agreement in financial aspects is Quantity

Surveyor/ Consultant does not estimate work done and material on site correctly is

neutral with average index of 3.02. Producing design documents on time by Quantity

Surveyor/Consultant is important for completion the project.

Page 76: Design and Build

62

4.4.5 Problem in Time Aspect

There are five major problems that contributed to the causes of the problem in

Time Aspect that shows the results of the average index at Table 4.7.

Table 4.7 Problem in Time Aspect

1 = Not Agree 2 = Less Agree 3 = Neutral 4 = Agree 5 = Strongly Agree

Categories 5 : Problems in Time Aspect

No Problems 1 2 3 4 5

average

index Rank

1

Insufficient time to prepare

tender documents 6 14 23 18 1 2.90 3

2

Insufficient time to evaluate

tenders 7 15 22 17 1 2.84 4

3

Time is limited to establish if

using design and build contract 4 19 29 6 4 2.79 5

4

Project finish not in time as

agreement 5 11 24 17 5 3.10 2

5

Delays in commencing work

because under-estimated time

needed to obtain statutory

approvals. 3 11 24 18 6 3.21 1

From table 4.7, the results show that the highest degree of agreement in time

aspects is delays in commencing work because under-estimated time needed to obtain

statutory approvals. It indicated the range in 3.21 of the average index. The range

index shows the respondents neutral that problem. Delay in construction can have a

serious effect on field’s costs and project time. The contractor must be able to

establish the cause of the delay on commencing work because its total impact on

individual activities and on the project as a whole.

Page 77: Design and Build

63

However, the lowest degree of agreement in financial aspects is time is limited

to establish if using design and build contract neutral with average index of 2.79.

Design and Build is a quick project because the contractor to be involved in the

project at an early stage and proceed with the design works in parallel with the

construction activities, the project re-development time could be reduced.

4.5 Analysis of rank the problems and the factors among contractor.

For this question, the respondents should to rank the level of the problems

among contractor. The data shown using the table and figure where represented by the

rating scale 1 to 5. It is an analysis the level of the problems among contractor using

Design & Build method at Klang Valley and was shown in data using frequency

analysis. Table 4.8, shows the percentage of rank the problems and the factors among

contractors as below:

Table 4.8: Percentage of “rank the problems and the factors among

contractors”

No Problems Frequency Percentage

1 Problem In General Aspect 30 48

2 Problem In Quality Aspect 6 10

3 Problem In Design Aspect 16 26

4 Problem In Financial Aspect 8 13

5 Problem In Time Aspect 2 2

Page 78: Design and Build

64

Figure 4.6: rank the problems and the factors among contractors

From figure 4.6 shows, the problems in General Aspect are highest

48% than other problems faced by contractor using Design & Build method. This is

because most of the respondents agree problems in General Aspect always happen in

construction industry for example problems communication and coordination by

contractor with other parties. It is followed by problem in Design Aspect are 26%,

problem in Financial Aspect are 13%, problem in Quality Aspect are 10% and 2 %

problem in time aspect. Other than that, based on the result obtained from

questionnaires were identified the problems among contractor are not critical because

overall the respondents are agree with that problem and the average index less than

4.5.

48

10

26

132

0

10

20

30

40

50

60

Problem in General Aspect

Problem in Quality Aspect

Problem in Design Aspect

Problem in Financial Aspect

Problem in Time Aspect

Rank the problems and the factors among contractors

Series1

Page 79: Design and Build

65

4.6 Summary

From the analysis through questionnaires and interview, it revealed the

common problems and the factors faced by the contractor and to rank the problems

and the factors among contractors. Based on the result obtained from questionnaire,

five of category problems were identified. So from that category will been identify the

common problem faced by contractor using design & build are problem in general

aspect. It is followed by problem in design aspect, problem in financial aspect,

problem in quality aspect and problem in time aspect. Majority of the respondents

agree with those problems. Next, the last chapter would discuss the overall study then

some conclusion would be made and recommendations would be provided to the

construction industries parties

Page 80: Design and Build

CHAPTER 5

CONCLUSION AND RECOMMENDATION

5.1 Introduction

This chapter consists of two (2) main sections. The first section is the

conclusion of the study and the second section is the recommendation. For the

conclusion section, this section will conclude the result of the study based on the

objectives of this study.

5.2 Conclusion

Based on the overall result, the study has come out with the conclusion based

on objectives that have been set up. Those three (3) objectives are on study the

comparisons between designs & build contract and conventional contract, to identify

the common problems and the factors faced by the contractor and to rank the common

problems and the factors among contractors.

Page 81: Design and Build

67

5.2.1 Objective 1: Study the comparisons between designs & build contract and

conventional contract

The first objective of this research was on study the comparisons between

designs & build contract and conventional contract. This objective has been

successfully achieved. Design & Build Contract one in which a single entity, usually a

contractor assumes responsibility for the design in whole or in part and for the

construction and completion of a construction project, main contractor have the right

to decide the design of the works follow the concept design and no need to wait for

consultant decision. Otherwise for the traditional method owner first hires a design

professional, who then prepares a design, including complete contracts documents.

The design professional is typically paid a fee that is either a percentage of the

estimated construction cost or a lump sump amount, or he or she is reimbursed for

costs at an agreed-upon billing rate. With a complete set of documents available, the

owner either conducts a competitive bid opening to obtain the lowest price from

contractors to do the work or negotiates with a specific contractor. The contractor is

then responsible for delivering the completed project in accordance with the dictates

of he contract documents.

5.2.2 Objective 2: To identify the common problems and the factors faced by the

contractor

The second objective of the study has been successfully identified. Based on

the result obtained from questionnaire, five of category problems were identified.

There are problem in general aspect, problem in quality aspect, problem in design

aspect, problem in financial aspect and problem in time aspect. The problems were

then grouped into 5 categories as table in below:

Page 82: Design and Build

68

Table 5.1: Categories 1: Problem in General Aspect

Categories 1: Problem in General Aspect

No Problems

1 Conflicts between contractor and other parties (consultant and owner)

2 Problems communication and coordination by contractor with other

parties

3 Inadequate experience of consultant

4 Lack of staff and labors

5 Changed conditions/differing site conditions

Table 5.2: Categories 2: Problem in Quality Aspect

Categories 2 : Problem in Quality Aspect

No Problems

1 Project done not follow owner’s specification

2 Contractor disregards quality of material in the way to get profit

3 Ineffective planning and scheduling of project by contractor

4 Change materials order by owner during construction

5 Low productivity level of labors

6 Lack of construction materials and machineries

Table 5.3: Categories 3: Problems in Design Aspect

Categories 3:Problems in Design Aspect

No Problems

1 Contractor takes control of design compare to consultant

2 Consultant submits construction drawing late.

3

Contractors always do an additional works compare with

consultant

4 Mistakes and discrepancies in design documents

5 Owner less involve in controlling design

6

Insufficient instruction and information in the contract

specification, drawing and design

Page 83: Design and Build

69

Table 5.4: Categories 4: Problems in Financial Aspect

Categories 4 : Problems in Financial Aspect

No Problems

1

Contractor does not having good cash flow or good financial

planning

2

Contractor’s submit claims for items not clearly stated in the

contract documents

3

Quantity Surveyor/ Consultant does not estimate work done and

material on site correctly

4 Sometimes progress payment for contractor not in time.

5 Actual price for project higher than owner’s target price

6 Delay in progress payment by owner to the contractors

Table 5.5: Categories 5: Problems in Time Aspect

Categories 5 : Problems in Time Aspect

No Problems

1 Insufficient time to prepare tender documents

2 Insufficient time to evaluate tenders

3 Time is limited to establish if using design and build contract

4 Project finish not in time as agreement

5

Delays in commencing work because under-estimated time

needed to obtain statutory approvals.

Page 84: Design and Build

70

5.2.3 Objective 3: To rank the common problems and the factors among

contractors

The third objective of this study was to rank the common problems and the factors

among contractors has been successfully achieved. Based on the result obtained from

questionnaire, five of category problems were identified. So from that category will

been identify the main problem faced by contractor using design & build are problem

in general aspect. It is followed by problem in design aspect, problem in financial

aspect, problem in quality aspect and problem in time aspect. Based on the result

obtained from questionnaires were identified the problems among contractor are not

critical because overall the respondents are agree with that problem and the average

index less than 4.5.

5.3 Recommendation

For overall, this study achieves the purpose, need and objective that have been

setup earlier. Nevertheless, there have certain infirmity and weaknesses while doing

this study. Thus, the recommendation is provided into 2(two) recommendation to

improve the quality and the effectiveness. The recommendations are; recommendation

for this study and the recommendation for further studies.

Page 85: Design and Build

71

5.3.1 Recommendation for this study

The recommendation to overcome the problems faced by contractor using

design and build method

1) Effective communication and more coordination between contractor and

consultant.

2) Owner hired another team such as PMC (private management consultant) to

control contractor.

3) Main contractor will have the advantage to select their project team and these

will ensure smooth delivery of project to enable project to complete in time,

less problem and saving cost.

5.3.2 Recommendation for further studies

1) Increase the number of respondent and questionnaire for the site study in

order to obtain more accurate and precise data.

2) Expand the area of the study. The study will be more effective if it is being

conducted in the area at Malaysia that has a rapidly prospering

development such as the Kuala Lumpur, Penang or Shah Alam for to

identify all the problems faced by contractor using design & build method.

3) Identify the suitable method use analysis hierarchy process (AHP) for

selecting which method suitable with the project.

Page 86: Design and Build

72

REFERENCES

Abd. Majid M.Z. and Ronald Mc Caffer. (1998). Factors of Non Excusable Delays That Influence Contractor's Performance. Journal of Construction Engineering and Management,ASCE.

Abdalla M. Odeh & Hussien T. Battaineh. (2002). Causes of Construction Delay: Traditional Contracts. International Journal of Project Management ,20,67-73.

Abdul Rahman Ayub & Janidah Eman. (2006). Identification of Challenges faced by Bumiputra Contractors & Roles of Local Government in ensuring a successfull completion of a Project. sabah.

Akinteye, A, Fitzgerald , E. (1995). Design and Build : A survey of Architects. Engineering, Construction and Architectural Management , 2 (1), 27-44.

AlHammad,A.Mohsen and Assaf S. (1996). Assessment of work Performance of Maintenance Contractor in Saudi Arabia. Journal of Mangement in Engineering , 16 (1).

Beard, J.L.,Loulakis, M.C.,& Wundram, E.C. (2001). Design-build : planning through deveploment.

Bryan S. Shapiro. (1994). Project Managemet. Design/Build Construction- An Innovetive Contracting Approach , 52, 581.

Burgess, T. F. (2001). A general Introduction to the Design of Questionnaires for Survey Research. Retrieved November 6, 2002, from Information System Services: http;//www.leeds.ac.uk.iss/documentation/top/top2.pdf

Carter McNamara, M. P. (1997-2008). General Guidelines for Conducting Interviews Retrieved from General Guidelines for Conducting Interviews : http://managementhelp.org/evaluatn/intrview.htm

Frederick E. Gould & Nancy E. Joyce. (2003). Construction Project Management. Prentice Hall.

Gwen Flora, J. J. (1998). Field-Level Management’s Prespective of Design/Build. American Society of Civil Engineers.

Page 87: Design and Build

73

Ir Harbans Singh KS . (2007). Engineering and Construction Contracts Management (Law and Principles). Singapore: LexisNexis.

Isaac, S. (1971). Handbook in Research and Evaluation. San Diego, Calfornia: EdITS Publishers.

K.C. Iyer & K.N. Jha. (2005). Factors affecting cost performance: evidence from Indian construction projects. International Journal of Project Management , 23, 283-295.

Khairuddin Abdul Rashid. (2002). Construction Procurement in Malaysia processes and systems constraints and strategies. Research Centre , IIUM .

King G, K. e. (1994). Designing Social Inquiry. USA: Princeton University Press.

M.S. Mohd Danuri, M.E. Che Munaaim,H.Abdul Rahman & M.Hanid. (2006). Late and Non-Payment Issues in the Malaysian Construction Industry - Contractor's Perspective. 613-623.

Mansfeild NR, Ugwu OO & Doran T. (1994). Causes of delay and cost overruns in Nigerian construction projects. International Journal of Project Management , 12 (4), 254-60.

Maryam Darvish, Mehrdad Yasaei & Azita Saeedi. (2008). Application of the graph theory and matrix methods of contractor ranking. International Journal of Project Management .

Michael Pollick. (2006). wiseGEEK articles. Retrieved february thursday, 2009, from what is a contractor?: http://www.wisegeek.com/what-is-a-contractor.htm.

Murali Sambasivan & Yau Wen Soon. (2005). Causes and effects of delays in Malaysian construction industry. International Journal of Project Management, 25, 517-526.

Murali Sambasivan, Y. W. (2007). Causes and effects of delays in Malaysian construction industry. International Journal of ProjectManagement , 25, 517- 526.

Ng Weng Seng and Aminah Md Yusof. (2006). The Success Factors of Design and Build Procurement Method: A Literature Visit. Proceedings of the 6th Asia-Pacific Structural Engineering and Construction Conference (APSEC 2006),5-6 september 2006, Kuala Lumpur, Malaysia .

Nuhu Braimah & Issaka Ndekugri. (2008). Factors nfluencing the selection of delay analysis methodologies. International Journal of ProjectManagement , 26, 789-799.

Page 88: Design and Build

74

Oberlender. (1993). Project Management For Engineering and Management.

Odeyinka HA & Yusif A. (1997). The causes and effects of construction delay on

completion cost housing projects in Nigeria. Journal of Financial Management of Property and Construction , 2 (3), 31-44.

Q, P. M. (1987). How to Use Qualitative Methods in Evaluataion. California: California Seage Publications,Inc.

Redzuan. (2006). Significant Usage of Slab and Wall Form Technique in Industrial Building Systems (IBS) for Low Cost High-Rise Apartments Construction.Malaysia: Universiti Teknologi Malaysia.

Rosli Abdul Rashid, Ismail Mat Taib, Wan Basiron Wan Ahmad, Md. Asrul Nasid, Wan Nordiana Wan Ali & Zainab Mohd Zainordin. (2006). Effect of Procurument Systems on the Performance of Constructions Projects.

S. W. Nunnally. (2007). Construction Methods and Management.

Seng, Ng. W. and Aminah Md Yusof. (2006). Success factors of design and build procurement method:a literature visit. Proceedings of the 6-th Asia Pacific Strutural Engineering and Conference (ASPEC 2006), (pp. C1-111). Kuala Lumpur, Malaysia.

Tan, Daniel. (1997)Problems With Design & Build Contracts In Malaysia. Malaysia.

Timothy D. Hover & Eugene, OR. (1994). Allowing the Design/Build Delivery Method in the procurement of Public Construction Contracts.

Wellington Didibhuku Thwala & Mpendulo Mvubu. (2008). Current challenges and problems facing small and medium size contractors in Swaziland. African Journal of Business Management , 2 (5).

wikipedia. (2001-2006). wikipedia, the free encyclopedia. Retrieved february thursday, 2009, from general contractor: http://en.wikipedia.org/wiki/general_contractor

Page 89: Design and Build

75